Combs v. Wilkinson.

• Position: SAFETY AND SECURITY - Violation of United States Constitution. 8th Amendment - Brief Article

U.S. Appeals Court

DISTURBANCE

USE OF FORCE

Combs v. Wilkinson, 315 F.3d 548 (6th Cir. 2002). Death row inmates sued several state corrections supervisors and officers under [section] 1983, alleging that they used excessive force in quelling a disturbance in violation of the Eighth Amendment. The district court granted the defendants' motions for summary judgment and dismissal, and the inmates appealed. The appeals court affirmed in part, and reversed and remanded in part. The appeals court held that an individual officer's use of mace was not malicious or sadistic. The court found that summary judgment was precluded by fact questions as to whether the commander of a special response team adequately briefed the team members, and failed to control the use of chemical agents in the extraction of inmates. The court held that the commander...